• Power of attorney to wife automatically terminate on divorce

General power of Attorney given to wife does it automatically terminates on legal separation in India
Asked 6 years ago in Family Law
Religion: Hindu

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11 Answers

POA ceases on divorce 

 

however advisable to revoke POA and issue public notice about revocation to avoid legal complications in future 

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

No you need to terminate it by sending her a legal notice nd paper publication

Prashant Nayak
Advocate, Mumbai
34657 Answers
249 Consultations

Nops, Only if POA has given under capacity of wife than on diovrce granted by court, it will revoke but for that also revocation letter/notice will issue.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

No, if the power of attorney deed is executed by a registered deed then it has to be cancelled by following due process of law for cancellation of the registered deed. 

The divorce or legal separation is not a criteria to cancel the registered power of attorney deed. 

T Kalaiselvan
Advocate, Vellore
90173 Answers
2506 Consultations

1. Unless & Until, the POA has the relevant termination /revoking clause /time duration clause, the POA shall not be deemed to terminated, on Legal Separation /Divorce.

2. POA will lapse automatically on death of POA giver and POA receiver, PROVIDED it is not for any continuing movable /immovable property transaction.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

No you have to terminate it by notice merely on divorce it is not terminated.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

POA does not end with the change of marital status.

However if the agency created was gratuitous can be revoked by you at any point of time.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

- No , on divorce , the POA given to wife will not terminate automatically ,

- If the POA is registered , then you will have to execute a Deed of Cancellation for terminating the same.

- Issue a termination notice to her , after mentioning that , due to ending of relation , there is left nothing in the power of attorney , and thereby you are cancelling the same. 

Mohammed Shahzad
Advocate, Delhi
15840 Answers
243 Consultations

1. No you have to cancel it through cancellation notice.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

A general power of attorney can cancelled by way of publication in the paper or sending the notice to the power of attorney holder. If the deed is registered, then it can revoked or cancelled by way of deed of revocation or cancellation. In your case, you can cancel the general power of attorney registered by sending a notice to the power of attorney holder or by executing a deed of cancellation with the general power of attorney holder.

Mohammed Mujeeb
Advocate, Hyderabad
19371 Answers
32 Consultations

1. No. The said POA was executed in favour of a lady who was your wife at that time.

 

2. Your matrimonial relationship or its termination has nothing to do with the POA you have executed in favour of the said lady.

 

3. The POA automatically gets extinguished only on demise of its executor.

 

4. You shall have to terminate the POA by sending her a letter and publishing the gist of the letter in local dailies. 

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

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